Effect of decision to include information about pre-12 behaviour as ORI on self-disclosure rules
70.Once information about pre-12 behaviour is included (as ORI) in an enhanced disclosure or a scheme record, the protection against self-disclosure of such information falls away (see section 8(3) and (4)). So, for example, a potential employer to whom such an enhanced disclosure or scheme record is provided is then entitled to ask questions in relation to the pre-12 behaviour disclosed, and the applicant has no right not to answer those questions. Section 8(6) and (7) provide additional clarification that the protection against self-disclosure remains in place until the enhanced disclosure or scheme record is actually issued – if the person fails to disclose the pre-12 behaviour to a potential employer at an earlier stage, the person cannot be excluded from a job solely by reason of that failure to disclose (but they could potentially be excluded from the job by reason of the pre-12 behaviour, or by reason of failing to answer questions about that behaviour after the issue of the enhanced disclosure or scheme record).
